Agendas, reports and minutes

Minute of the meeting of The Highland Licensing Forum held in Committee Room Two, Council Offices, Glenurquhart Road, Inverness on Tuesday 26th May 2015 at 2 pm

Present:
Ramsay McGhee (Trade and Licence Member) – Convener in the Chair
Mrs Pat Hayden (Resident Member)
David McDiarmid, (Representative of Fire & Rescue Service)
Elisabeth Smart, Public Health Consultant (Health Service representative)
Sarah Mackenzie (substituting for Debbie Stewart, Highland Drug and Alcohol Partnership)
Sergeant Bruce Gray (Representative of Police Scotland)
Cath King, Policy Manager, Care and Learning Service, Highland Council (Education and Social Work representative)
Stuart Stirling (young people’s representative)
Joanne Sutherland (personal licence holder)
Gwyn Phillips (Resident Member)
Gordon Cleland (Licensed trade representative) (by video link)
Elizabeth Treasurer, Licensing Standards Officer (by video link)
Ian Cox, Licensing Standards Officer

In attendance:
Fiona Sinclair, Legal Adviser to the Forum and Clerk

1.Apologies for Absence

Apologies for absence were intimated on behalf of –
Mrs Janet Home (Resident Member)
Donald Lawson (Licensed trade representative)
Gillian Gunn, currently on maternity leave (representing Highland Violence Against Women Strategy Group)
Shaun Finlayson, HC Youth Convener (Young people’s representative)
David Inglis, Licensing Standards Officer

2. Minutes of Meeting held on 3rd March 2015

The minutes of the meeting held on 3rd March 2015, copies of which had been circulated with the Agenda were held as read and were approved.

3. Forum Membership – Engagement with young people

Ramsay stated that he intended to arrange a meeting with the Youth Development Officer at Highlife Highland in advance of the appointment of next year’s Youth Convener in order to discuss how the next Youth Convener might engage with the Forum.  There was some brief discussion about whether inviting the Youth Convener to Forum meetings was the best approach to engaging with young people.  It was generally agreed that discussions with the Highland Highland Youth Development Officer may go some way towards finding the best way forward.

5. Presentation from Sergeant Mel Fowler of Police Scotland

This item was postponed to the September meeting of the Forum.

6. Review of the Operation of the Act

Following on from the reports at the last meeting from Health, HADP and Fire and Rescue Service colleagues on the review of the operation of the 2005 Act and the impact of the legislation on the licensing objectives in the Highland area, Ramsay introduced Sergeant Gray who provided information on the impact of the legislation from the Police Scotland perspective.  Sergeant Gray’s report is attached as Appendix One of this minute -

Crime levels around licensed premises for 5 ½ years before and after Act - Allowing for changes in beat areas and in methods of recording figures, over the eleven years covered by Sergeant Gray’s repot, the report showed a significant reduction in levels of crime reports for the five and a half years after the Act came into force when compared with the five and a half years before the Act came into force.  A handout, a copy of which forms appendix one of this minute was circulated to Forum members.  Forum members discussed individual issues, such as compulsory training of licensees and staff, the introduction of Pubwatch to the area and licensed dor stewards which would all have played a part in the reduction in reported crime.  At the same time, the curfew in late night entertainment venues had been abolished and late night extensions to hours over the festive period are more generous.  Ian Cox said that the reduction in reported crimes could in part be attributed to the higher standard of operation of licensed premises.     

Drink and drug drive statistics – The graph showed that after a significant drop in the number of drivers being apprehended for driving under the influence of drink or drugs around the time of the introduction of the new legal limit in December 2014 drivers appeared to have become more complacent.  The March 2015 figures showed an increase from March 2014.  During discussion members speculated as to whether it was the marketing campaign or the change in the legislation itself which led to the reduction from December to February.  Discussion focussed on the impact of the new legislation on the licensed trade.  It was noted that licensees report a very considerable reduction in drinkers who go into premises to buy one alcoholic drink, perhaps on the way home from work, and that restaurants had reported a significant downturn in alcohol sales.  Ramsay reported that the Licensed Trade Association had requested that VAT be removed from soft drinks nationally

Ramsay referred to the high standard of reports which had been submitted by the Health Service / HADP, the Fire and Rescue Service and the Police on the operation of the Act in the Highland area.

7. Possibility of Consolidating Legislation

 Ramsay referred to an article written by Licensing solicitor, Jack Cummins, published in the Licesned Trade News which highlighted the difficulties solicitors, the licensed trade and the public have in ascertaining the current legal position due to the plethora of licensing legislation, there being
• the 2005 Act.
• the 2010Act
• the new Airweapons and Licensing (Scotland) Bill
•  around thirty different statutory instruments with legislation which amends, clarifies and extends provisions in the 2005 Act 

Ramsay invited Forum members to consider suggesting to the Board that they ask the Scottish Government to pass a consolidating Act which would make the legal situation clearer for people to follow.

8. Requirement on Late Night Premises to Provide Food

At the March meeting Ian Cox referred to a local condition which could be attached to premises licences – “Premises open for the sale of alcohol after 0100 hours shall have available a selection of hot and cold foods and shall advertise this within the premises” (Condition g, objective 4).  The Forum had noted that Environmental Health staff had reported to Ian that some premises found this condition particularly burdensome.  Ian undertook to prepare a report on the matter for the May Forum meeting.

Ian reported that colleagues in Environmental Health had indicated that they did not wish to pursue any change to the situation as the food is being produced and premises are complying with the condition.  The Forum agreed to take no further action on the matter. 

9. Licensing Standards Officer’s Report – Liz Treasurer

A report by Liz Treasurer, a copy of which forms Appendix Two of this minute had been circulated in advance of the meeting.

Discussion followed on the benefits of a national register of personal licence holders and regret was expressed that no such database or register is currently in existence.  Sergeant Gray reported that Police Scotland is about to use Innkeeper, a new licensing system which will ensure that all liquor and civic government licences will be kept on one database.  It was noted that in Highland all premises licenences are on an online register but there is no register of personal licence holders.

10. Personal Licence Holder Refresher Training

The Forum noted that the changes in the Airweapons and Licensing (Scotland) Bill fail to address the perceived problems with refresher training.  Ian Cox pointed out that where people fail to carry out refresher training they can still apply for a new licence and use the training certificate from thei first personal licence application.  It was also noted that there is still no indication from the Scottish Government as to what the procedure will be when licensees’ personal licences reach the end of their ten year duration. 

Liz pointed out and the Forum agreed that many licence holders had found the refresher training beneficial in that it gave them a better understanding of the legislation.  It was agreed that the syllabus for the refresher training could be tweaked to include a section on the requirement to display notices at the premises which seemed to be a point many licence holders did not note. 

11. Report on Board Meetings

Ramsay reported that the most important issue was the supplementary policy statement and referred to the summary circulated by the Forum Clerk and then by the  LSO in her report. 

Ian Cox referred to five applications which had been received for premises with offsale display areas greater than the Board’s policy limit of 40 square metres.  Ian expected that these applications will be considered at the August Board meeting.

Members also noted that the Joint Meeting with the Board will take place in the autumn and agreed to think about items for consideration at that time.

The meeting closed at 3.10 pm

APPENDIX ONE – REPORT BY SERGEANT BRUCE GRAY

Review of the Alcohol Licensing Act 2005
Highland Licensing Forum       

Crime figures around Licensed Premises      

Total linked incidents Assault BoP Drugs Theft Drunk person 
Inverness 01/03/2004 - 31/08/2009 6477 630 953 302 583 283 
  01/09/2009 - 28/02/2015 4450 522 625 196 364 213 
Badenoch, Strathspey & Nairn 01/03/2004 - 31/08/2009 1804 92 193 50 72 38 
  01/09/2009 - 28/02/2015 1048 93 91 27 59 47 
Ross, Cromarty & Skye 01/03/2004 - 31/08/2009 4351 192 310 83 105 79 
  01/09/2009 - 28/02/2015 1497 89 93 27 40 52 
Caithness & Sutherland 01/03/2004 - 31/08/2009 2305 178 194 47 80 32 
  01/09/2009 - 28/02/2015 1201 93 78 12 42 41 
Lochaber 01/03/2004 - 31/08/2009 2043 113 158 71 46 72 
  01/09/2009 - 28/02/2015 1898 94 55 41 47 98 

Highland (All 5 above areas) 01/03/2004 - 31/08/2009 16980 1205 1808 553 886 504 
  01/09/2009 - 28/02/2015 10094 891 942 303 552 451     

IMPACT "Alcohol" icon only added 1200hrs on 18th April 2012.      

BRIEFING NOTE

To: Inverness Pubwatch From: Sergeant 183 Bruce Gray
DCU - Licensing

Subject: 

Introduction

In June 2006, Inverness Pub watch came into existence and its success is already well documented. Highland Licensing Board has on a number of occasions endorsed its full support for the aims and operations of the Group.

Section 4, Licensing (Scotland) Act 2005 lists the licensing objectives which underpin the operation of the whole Act. These are as follows:-

(a) preventing crime and disorder
(b) securing public safety
(c) preventing public nuisance
(d) protecting and improving public health and
(e) protecting children from harm

During the Pub Watch meeting on Tuesday 24th February 2015, a request was made for a break down in crime figures in relation to Licensed Premises in the Inverness area.

As such the following is a breakdown of figures for Licensed Premises in Inverness city over the given periods.

1st March 2013 to
28th February 2014 1st March 2014 to
28th February 2015
Total linked incidents 625 591
Assault 86 59
Breach of the Peace 33 33
Drugs 5 0
Sexual 1 1
Drink drive 1 2
Theft 70 35
Drunk person 17 18
Counterfeit currency 1 0
Other Crime (D&I, fail to quit, etc) 11 (2 x fake I’d) 23 (15 x fake I’d)

APPENDIX TWO – LICENSING STANDARDS OFFICER’S REPORT

The Highland Licensing Forum
Meeting Of the Highland Licensing Forum, Council Headquarters, Inverness on Tuesday, 26th May, 2015
Licensing Standard’s Officers’ report.
Summary: 
To provide an update to the Highland Licensing forum members in relation to the activities of the Licensing Standard Officers and any other matters of interest.

Extended Hours consultation:
At the meeting of the Highland Licensing Board on 5th May, 2015, the Board members agreed to introduce a supplementary policy statement identifying special events of local or national significance, in addition to the festive period, for which applications for extended terminal hours will generally be considered favourably. The Board favoured Option One of the report which is to allow extended hours opening for any of the special events identified within the supplementary policy statement when a Section 68 application has been submitted and granted by the Board. The Board agreed that the following events would amount to special events of local or national significance: 
1. Halloween (31 October and the Friday and Saturday nights immediately before and after 31 October)
2. The 6 day trials, Fort William
3. The Downhill Bike Championships, Fort William
4. The National Mod,
5. Burns Night,
6. St Andrews Night, and also
7. Any other sporting events in Highland which the Board considers to be major events.  (Loopallu, Ullapool Skiff Regatta, Etape Loch Ness, local Highland Games and The Camanachd Cup Final were mentioned.)

The Board agreed not to include the Easter weekend within the list, and that the Board may also grant extended hours at other times for other events not included which it considers to be of local or national significance.  
The clerk will now submit a draft supplementary policy statement incorporating the agreed terms for final approval by Board members at the next meeting on 16th June, 2015.
Visits to premises:
Routine visits to premises have included giving guidance to Personal Licence Holders in relation to the updated training record following refresher training. Personal Licence Holders are reminded that the training record is evidence that the training has been completed and that the Board has been notified within the required period.

Legislation:
Air Weapons and Licensing Bill – stage 2 commenced on 13th May, 2015 and is to be completed by 5th June, 2015
Proposed Labour Bill:
There is a newly proposed private member’s Bill from Dr Richard Simpson. The Labour Bill contains a number of proposals which include – Mandatory Licence conditions concerning ‘Multipacks’; A ban on caffeinated alcoholic products; Ban on increasing age of sale to 21; Bottle marking schemes and Increased neighbour notification for licence applications.